Thailand Law Library

by Thailand Lawyer

Chapter 5: International Copyright and Performer's Rights

A copyright work of an author as well as rights of a performer of a country which is a member of the Convention on the protection of copyright or the Convention on the protection of performer's rights of which Thailand is also a member or a copyright work of an international organization of which Thailand is a member shall be protected by this Act.

The Minister has an authority to proclaim the names of the member countries of the Convention on the protection of copyright or the Convention on the protection of performer's rights in the Government Gazette.

Chapter 6: Litigation with Respect to Copyright and Performer's Rights

It shall be presumed in a litigation with respect to copyright or performer's right, whether it be a civil or criminal case, that the work in dispute is a copyright work or the subject of performer's right in this Act and the plaintiff is the owner of copyright or performer's rights in such work or subject unless the defendant argues that no one owns the copyright or the performer's rights or disputes the plaintiff's right.

As for a work or subject bearing a name or a substitution for name of a person claiming to be the owner of copyright or performer's rights, it shall be presumed that the person who is the owner of the name or the substitution for name is the author or the performer.

As for a work or subject bearing no name or no substitution for name or bearing a name or a substitution for name without a claim of ownership in copyright or performer's rights and having a name or a substitution for name of a person claiming to be the printer or the publisher or the printer and publisher, it shall be presumed that the person who is the printer or the publisher or the printer and publisher becomes the owner of copyright or performer's rights in such work or subject.

No action on copyright infringement or performer's rights infringement shall be filed after three years as from the day the owner of copyright or performer's rights becomes cognizant of the infringement as well as the identity of the infringer provided that the action shall be filed not later than ten years as from the day the infringement of copyright or performer's rights takes place.

In the case of infringement of copyright or performer's rights, the Court has the authority to order the infringer to compensate the owner of copyright or performer's rights for damages the amount which the Court considers appropriate by taking into account the seriousness of injury including the loss of benefits and expenses necessary for the enforcement of the right of the owner of copyright or performer's rights.

In case there is an explicit evidence that a person is doing or about to do any act which is an infringement of copyright or performer's rights, the owner of copyright or performer's rights may seek the injunction from the court to order the person to stop or refrain from such act.

The injunction of the court according to paragraph one does not prejudice the owner of copyright or performer's rights to claim damages under Section 64.

The offence in this Act is an offence allowing settlement.